2005 California Government Code Sections 65088-65089.10 CHAPTER 2.6. CONGESTION MANAGEMENT

GOVERNMENT CODE
SECTION 65088-65089.10

65088.  The Legislature finds and declares all of the following:
   (a) Although California's economy is critically dependent upon
transportation, its current transportation system relies primarily
upon a street and highway system designed to accommodate far fewer
vehicles than are currently using the system.
   (b) California's transportation system is characterized by
fragmented planning, both among jurisdictions involved and among the
means of available transport.
   (c) The lack of an integrated system and the increase in the
number of vehicles are causing traffic congestion that each day
results in 400,000 hours lost in traffic, 200 tons of pollutants
released into the air we breathe, and three million one hundred
thousand dollars ($3,100,000) added costs to the motoring public.
   (d) To keep California moving, all methods and means of transport
between major destinations must be coordinated to connect our vital
economic and population centers.
   (e) In order to develop the California economy to its full
potential, it is intended that federal, state, and local agencies
join with transit districts, business, private and environmental
interests to develop and implement comprehensive strategies needed to
develop appropriate responses to transportation needs.
   (f) In addition to solving California's traffic congestion crisis,
rebuilding California's cities and suburbs, particularly with
affordable housing and more walkable neighborhoods, is an important
part of accommodating future increases in the state's population
because homeownership is only now available to most Californians who
are on the fringes of metropolitan areas and far from employment
centers.
   (g) The Legislature intends to do everything within its power to
remove regulatory barriers around the development of infill housing,
transit-oriented development, and mixed use commercial development in
order to reduce regional traffic congestion and provide more housing
choices for all Californians.
   (h) The removal of regulatory barriers to promote infill housing,
transit-oriented development, or mixed use commercial development
does not preclude a city or county from holding a public hearing nor
finding that an individual infill project would be adversely impacted
by the surrounding environment or transportation patterns.
65088.1.  As used in this chapter the following terms have the
following meanings:
   (a) Unless the context requires otherwise, "regional agency" means
the agency responsible for preparation of the regional
transportation improvement program.
   (b) Unless the context requires otherwise, "agency" means the
agency responsible for the preparation and adoption of the congestion
management program.
   (c) "Commission" means the California Transportation Commission.
   (d) "Department" means the Department of Transportation.
   (e) "Local jurisdiction" means a city, a county, or a city and
county.
   (f) "Parking cash-out program" means an employer-funded program
under which an employer offers to provide a cash allowance to an
employee equivalent to the parking subsidy that the employer would
otherwise pay to provide the employee with a parking space.  "Parking
subsidy" means the difference between the out-of-pocket amount paid
by an employer on a regular basis in order to secure the availability
of an employee parking space not owned by the employer and the
price, if any, charged to an employee for use of that space.
   A parking cash-out program may include a requirement that employee
participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
   (g) "Infill opportunity zone" means a specific area designated by
a city or county, pursuant to subdivision (c) of Section 65088.4,
zoned for new compact residential or mixed use development within
one-third mile of a site with an existing or future rail transit
station, a ferry terminal served by either a bus or rail transit
service, an intersection of at least two major bus routes, or within
300 feet of a bus rapid transit corridor, in counties with a
population over 400,000.  The mixed use development zoning shall
consist of three or more land uses that facilitate significant human
interaction in close proximity, with residential use as the primary
land use supported by other land uses such as office, hotel, health
care, hospital, entertainment, restaurant, retail, and service uses.
The transit service shall have maximum scheduled headways of 15
minutes for at least 5 hours per day.  A qualifying future rail
station shall have broken ground on construction of the station and
programmed operational funds to provide maximum scheduled headways of
15 minutes for at least 5 hours per day.
   (h) "Interregional travel" means any trips that originate outside
the boundary of the agency.  A "trip" means a one-direction vehicle
movement.  The origin of any trip is the starting point of that trip.
  A roundtrip consists of two individual trips.
   (i) "Level of service standard" is a threshold that defines a
deficiency on the congestion management program highway and roadway
system which requires the preparation of a deficiency plan.  It is
the intent of the Legislature that the agency shall use all elements
of the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
   (j) "Multimodal" means the utilization of all available modes of
travel that enhance the movement of people and goods, including, but
not limited to, highway, transit, nonmotorized, and demand management
strategies including, but not limited to, telecommuting.  The
availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance
with the size and complexity of different urbanized areas.
   (k) "Performance measure" is an analytical planning tool that is
used to quantitatively evaluate transportation improvements and to
assist in determining effective implementation actions, considering
all modes and strategies.  Use of a performance measure as part of
the program does not trigger the requirement for the preparation of
deficiency plans.
   (l) "Urbanized area" has the same meaning as is defined in the
1990 federal census for urbanized areas of more than 50,000
population.
   (m) "Bus rapid transit corridor" means a bus service that includes
at least four of the following attributes:
   (1) Coordination with land use planning.
   (2) Exclusive right-of-way.
   (3) Improved passenger boarding facilities.
   (4) Limited stops.
   (5) Passenger boarding at the same height as the bus.
   (6) Prepaid fares.
   (7) Real-time passenger information.
   (8) Traffic priority at intersections.
   (9) Signal priority.
   (10) Unique vehicles.
65088.3.  This chapter does not apply in a county in which a
majority of local governments, collectively comprised of the city
councils and the county board of supervisors, which in total also
represent a majority of the population in the county, each adopt
resolutions electing to be exempt from the congestion management
program.
65088.4.  (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
   (b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone.  The city or county
shall do either of the following:
   (1) Include these streets and highways under an alternative
areawide level of service standard or multimodal composite or
personal level of service standard that takes into account both of
the following:
   (A) The broader benefits of regional traffic congestion reduction
by siting new residential development within walking distance of, and
no more than one-third mile from, mass transit stations, shops, and
services, in a manner that reduces the need for long vehicle commutes
and improves the jobs-housing balance.
   (B) Increased use of alternative transportation modes, such as
mass transit, bicycling, and walking.
   (2) Approve a list of flexible level of service mitigation options
that includes roadway expansion and investments in alternate modes
of transportation that may include, but are not limited to, transit
infrastructure, pedestrian infrastructure, and ridesharing, vanpool,
or shuttle programs.
   (c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan.  A city or county may not designate an infill opportunity zone
after December 31, 2009.
   (d) The city or county in which the infill opportunity zone is
located shall ensure that a development project shall be completed
within the infill opportunity zone not more than four years after the
date on which the city or county adopted its resolution pursuant to
subdivision (c).  If no development project is completed within an
infill opportunity zone by the time limit imposed by this
subdivision, the infill opportunity zone shall automatically
terminate.
65088.5.  Congestion management programs, if prepared by county
transportation commissions and transportation authorities created
pursuant to Division 12 (commencing with Section 130000) of the
Public Utilities Code, shall be used by the regional transportation
planning agency to meet federal requirements for a congestion
management system, and shall be incorporated into the congestion
management system.
65089.  (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county.  The program shall be adopted at a
noticed public hearing of the agency.  The program shall be
developed in consultation with, and with the cooperation of, the
transportation planning agency, regional transportation providers,
local governments, the department, and the air pollution control
district or the air quality management district, either by the county
transportation commission, or by another public agency, as
designated by resolutions adopted by the county board of supervisors
and the city councils of a majority of the cities representing a
majority of the population in the incorporated area of the county.
   (b) The program shall contain all of the following elements:
   (1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency.  The
highway and roadway system shall include at a minimum all state
highways and principal arterials.  No highway or roadway designated
as a part of the system shall be removed from the system.  All new
state highways and principal arterials shall be designated as part of
the system, except when it is within an infill opportunity zone.
Level of service (LOS) shall be measured by Circular 212, by the most
recent version of the Highway Capacity Manual, or by a uniform
methodology adopted by the agency that is consistent with the Highway
Capacity Manual.  The determination as to whether an alternative
method is consistent with the Highway Capacity Manual shall be made
by the regional agency, except that the department instead shall make
this determination if either (i) the regional agency is also the
agency, as those terms are defined in Section 65088.1, or (ii) the
department is responsible for preparing the regional transportation
improvement plan for the county.
   (B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A except when the area is in an infill opportunity
zone.  When the level of service on a segment or at an intersection
fails to attain the established level of service standard outside an
infill opportunity zone, a deficiency plan shall be adopted pursuant
to Section 65089.4.
   (2) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods.  At a minimum, these performance
measures shall incorporate highway and roadway system performance,
and measures established for the frequency and routing of public
transit, and for the coordination of transit service provided by
separate operators.  These performance measures shall support
mobility, air quality, land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).
   (3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, and park-and-ride lots; improvements in
the balance between jobs and housing; and other strategies,
including, but not limited to, flexible work hours, telecommuting,
and parking management programs.  The agency shall consider parking
cash-out programs during the development and update of the travel
demand element.
   (4) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts.
This program shall measure, to the extent possible, the impact to the
transportation system using the performance measures described in
paragraph (2).  In no case shall the program include an estimate of
the costs of mitigating the impacts of interregional travel.  The
program shall provide credit for local public and private
contributions to improvements to regional transportation systems.
However, in the case of toll road facilities, credit shall only be
allowed for local public and private contributions which are
unreimbursed from toll revenues or other state or federal sources.
The agency shall calculate the amount of the credit to be provided.
The program defined under this section may require implementation
through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
   (5) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and goods, to mitigate
regional transportation impacts identified pursuant to paragraph (4).
  The program shall conform to transportation-related vehicle
emission air quality mitigation measures, and include any project
that will increase the capacity of the multimodal system.  It is the
intent of the Legislature that, when roadway projects are identified
in the program, consideration be given for maintaining bicycle access
and safety at a level comparable to that which existed prior to the
improvement or alteration.  The capital improvement program may also
include safety, maintenance, and rehabilitation projects that do not
enhance the capacity of the system but are necessary to preserve the
investment in existing facilities.
   (c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions.  The computer models shall be consistent
with the modeling methodology adopted by the regional planning
agency.  The data bases used in the models shall be consistent with
the data bases used by the regional planning agency.  Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
   (d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a deficiency
plan pursuant to Section 65089.4, shall grant to that development an
appropriate reduction in the parking requirements otherwise in effect
for new commercial development.
   (2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
   (e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
65089.1.  (a) For purposes of this section, "plan" means a trip
reduction plan or a related or similar proposal submitted by an
employer to a local public agency for adoption or approval that is
designed to facilitate employee ridesharing, the use of public
transit, and other means of travel that do not employ a
single-occupant vehicle.
   (b) An agency may require an employer to provide rideshare data
bases; an emergency ride program; a preferential parking program; a
transportation information program; a parking cash-out program, as
defined in subdivision (f) of Section 65088.1; a public transit
subsidy in an amount to be determined by the employer; bicycle
parking areas; and other noncash value programs which encourage or
facilitate the use of alternatives to driving alone.  An employer may
offer, but no agency shall require an employer to offer, cash,
prizes, or items with cash value to employees to encourage
participation in a trip reduction program as a condition of approving
a plan.
   (c) Employers shall provide employees reasonable notice of the
content of a proposed plan and shall provide the employees an
opportunity to comment prior to submittal of the plan to the agency
for adoption.
   (d) Each agency shall modify existing programs to conform to this
section not later than June 30, 1995.  Any plan adopted by an agency
prior to January 1, 1994, shall remain in effect until adoption by
the agency of a modified plan pursuant to this section.
   (e) Employers may include disincentives in their plans that do not
create a widespread and substantial disproportionate impact on
ethnic or racial minorities, women, or low-income or disabled
employees.
   (f) This section shall not be interpreted to relieve any employer
of the responsibility to prepare a plan that conforms with trip
reduction goals specified in Division 26 (commencing with Section
39000) of the Health and Safety Code, or the Clean Air Act (42 U.S.C.
Sec. 7401 et seq.).
   (g) This section only applies to agencies and employers within the
South Coast Air Quality Management District.
65089.2.  (a) Congestion management programs shall be submitted to
the regional agency.  The regional agency shall evaluate the
consistency between the program and the regional transportation plans
required pursuant to Section 65080.  In the case of a multicounty
regional transportation planning agency, that agency shall evaluate
the consistency and compatibility of the programs within the region.
   (b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section 65082.
If the regional agency finds the program is inconsistent, it may
exclude any project in the congestion management program from
inclusion in the regional transportation improvement program.
   (c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Section 182.6 and 182.7 of the Streets and
Highways Code in a county unless a congestion management program has
been adopted by December 31, 1992, as required pursuant to Section
65089.  No surface transportation program funds or congestion
mitigation and air quality funds shall be programmed for a project in
a local jurisdiction that has been found to be in nonconformance
with a congestion management program pursuant to Section 65089.5
unless the agency finds that the project is of regional significance.
   (2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal census
or a subsequent federal census, within a county which previously did
not include an urbanized area, a congestion management program as
required pursuant to Section 65089 shall be adopted within a period
of 18 months after designation by the Governor.
   (d) (1) It is the intent of the Legislature that the regional
agency, when its boundaries include areas in more than one county,
should resolve inconsistencies and mediate disputes which arise
between agencies related to congestion management programs adopted
for those areas.
   (2) It is the further intent of the Legislature that disputes
which may arise between regional agencies, or agencies which are not
within the boundaries of a multicounty regional transportation
planning agency, should be mediated and resolved by the Secretary of
Business, Housing and Transportation Agency, or an employee of that
agency designated by the secretary, in consultation with the air
pollution control district or air quality management district within
whose boundaries the regional agency or agencies are located.
   (e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management program
of the county where the facility is located.  If a dispute arises
involving a local jurisdiction, the agency may request the regional
agency to mediate the dispute through procedures pursuant to
subdivision (d) of Section 65089.2.  Failure to resolve the dispute
does not invalidate the congestion management program.
65089.3.  The agency shall monitor the implementation of all
elements of the congestion management program.  The department is
responsible for data collection and analysis on state highways,
unless the agency designates that responsibility to another entity.
The agency may also assign data collection and analysis
responsibilities to other owners and operators of facilities or
services if the responsibilities are specified in its adopted
program.  The agency shall consult with the department and other
affected owners and operators in developing data collection and
analysis procedures and schedules prior to program adoption.  At
least biennially, the agency shall determine if the county and cities
are conforming to the congestion management program, including, but
not limited to, all of the following:
   (a) Consistency with levels of service standards, except as
provided in Section 65089.4.
   (b) Adoption and implementation of a program to analyze the
impacts of land use decisions, including the estimate of the costs
associated with mitigating these impacts.
   (c) Adoption and implementation of a deficiency plan pursuant to
Section 65089.4 when highway and roadway level of service standards
are not maintained on portions of the designated system.
65089.4.  (a) A local jurisdiction shall prepare a deficiency plan
when highway or roadway level of service standards are not maintained
on segments or intersections of the designated system.  The
deficiency plan shall be adopted by the city or county at a noticed
public hearing.
   (b) The agency shall calculate the impacts subject to exclusion
pursuant to subdivision (f) of this section, after consultation with
the regional agency, the department, and the local air quality
management district or air pollution control district.  If the
calculated traffic level of service following exclusion of these
impacts is consistent with the level of service standard, the agency
shall make a finding at a publicly noticed meeting that no deficiency
plan is required and so notify the affected local jurisdiction.
   (c) The agency shall be responsible for preparing and adopting
procedures for local deficiency plan development and implementation
responsibilities, consistent with the requirements of this section.
The deficiency plan shall include all of the following:
   (1) An analysis of the cause of the deficiency.  This analysis
shall include the following:
   (A) Identification of the cause of the deficiency.
   (B) Identification of the impacts of those local jurisdictions
within the jurisdiction of the agency that contribute to the
deficiency.  These impacts shall be identified only if the calculated
traffic level of service following exclusion of impacts pursuant to
subdivision (f) indicates that the level of service standard has not
been maintained, and shall be limited to impacts not subject to
exclusion.
   (2) A list of improvements necessary for the deficient segment or
intersection to maintain the minimum level of service otherwise
required and the estimated costs of the improvements.
   (3) A list of improvements, programs, or actions, and estimates of
costs, that will (A) measurably improve multimodal performance,
using measures defined in paragraphs (1) and (2) of subdivision (b)
of Section 65089, and (B) contribute to significant improvements in
air quality, such as improved public transit service and facilities,
improved nonmotorized transportation facilities, high occupancy
vehicle facilities, parking cash-out programs, and transportation
control measures.  The air quality management district or the air
pollution control district shall establish and periodically revise a
list of approved improvements, programs, and actions that meet the
scope of this paragraph.  If an improvement, program, or action on
the approved list has not been fully implemented, it shall be deemed
to contribute to significant improvements in air quality.  If an
improvement, program, or action is not on the approved list, it shall
not be implemented unless approved by the local air quality
management district or air pollution control district.
   (4) An action plan, consistent with the provisions of Chapter 5
(commencing with Section 66000), that shall be implemented,
consisting of improvements identified in paragraph (2), or
improvements, programs, or actions identified in paragraph (3), that
are found by the agency to be in the interest of the public health,
safety, and welfare.  The action plan shall include a specific
implementation schedule.  The action plan shall include
implementation strategies for those jurisdictions that have
contributed to the cause of the deficiency in accordance with the
agency's deficiency plan procedures.  The action plan need not
mitigate the impacts of any exclusions identified in subdivision (f).
  Action plan strategies shall identify the most effective
implementation strategies for improving current and future system
performance.
   (d) A local jurisdiction shall forward its adopted deficiency plan
to the agency within 12 months of the identification of a
deficiency.  The agency shall hold a noticed public hearing within 60
days of receiving the deficiency plan.  Following that hearing, the
agency shall either accept or reject the deficiency plan in its
entirety, but the agency may not modify the deficiency plan.  If the
agency rejects the plan, it shall notify the local jurisdiction of
the reasons for that rejection, and the local jurisdiction shall
submit a revised plan within 90 days addressing the agency's
concerns.  Failure of a local jurisdiction to comply with the
schedule and requirements of this section shall be considered to be
nonconformance for the purposes of Section 65089.5.
   (e) The agency shall incorporate into its deficiency plan
procedures, a methodology for determining if deficiency impacts are
caused by more than one local jurisdiction within the boundaries of
the agency.
   (1) If, according to the agency's methodology, it is determined
that more than one local jurisdiction is responsible for causing a
deficient segment or intersection, all responsible local
jurisdictions shall participate in the development of a deficiency
plan to be adopted by all participating local jurisdictions.
   (2) The local jurisdiction in which the deficiency occurs shall
have lead responsibility for developing the deficiency plan and for
coordinating with other impacting local jurisdictions.  If a local
jurisdiction responsible for participating in a multi-jurisdictional
deficiency plan does not adopt the deficiency plan in accordance with
the schedule and requirements of paragraph (a) of this section, that
jurisdiction shall be considered in nonconformance with the program
for purposes of Section 65089.5.
   (3) The agency shall establish a conflict resolution process for
addressing conflicts or disputes between local jurisdictions in
meeting the multi-jurisdictional deficiency plan responsibilities of
this section.
   (f) The analysis of the cause of the deficiency prepared pursuant
to paragraph (1) of subdivision (c) shall exclude the following:
   (1) Interregional travel.
   (2) Construction, rehabilitation, or maintenance of facilities
that impact the system.
   (3) Freeway ramp metering.
   (4) Traffic signal coordination by the state or
multi-jurisdictional agencies.
   (5) Traffic generated by the provision of low-income and very low
income housing.
   (6) (A) Traffic generated by high-density residential development
located within one-fourth mile of a fixed rail passenger station, and
   (B) Traffic generated by any mixed use development located within
one-fourth mile of a fixed rail passenger station, if more than half
of the land area, or floor area, of the mixed use development is used
for high density residential housing, as determined by the agency.
   (g) For the purposes of this section, the following terms have the
following meanings:
   (1) "High density" means residential density development which
contains a minimum of 24 dwelling units per acre and a minimum
density per acre which is equal to or greater than 120 percent of the
maximum residential density allowed under the local general plan and
zoning ordinance.  A project providing a minimum of 75 dwelling
units per acre shall automatically be considered high density.
   (2) "Mixed use development" means development which integrates
compatible commercial or retail uses, or both, with residential uses,
and which, due to the proximity of job locations, shopping
opportunities, and residences, will discourage new trip generation.
65089.5.  (a) If, pursuant to the monitoring provided for in Section
65089.3, the agency determines, following a noticed public hearing,
that a city or county is not conforming with the requirements of the
congestion management program, the agency shall notify the city or
county in writing of the specific areas of nonconformance.  If,
within 90 days of the receipt of the written notice of
nonconformance, the city or county has not come into conformance with
the congestion management program, the governing body of the agency
shall make a finding of nonconformance and shall submit the finding
to the commission and to the Controller.
   (b) (1) Upon receiving notice from the agency of nonconformance,
the Controller shall withhold apportionments of funds required to be
apportioned to that nonconforming city or county by Section 2105 of
the Streets and Highways Code.
   (2) If, within the 12-month period following the receipt of a
notice of nonconformance, the Controller is notified by the agency
that the city or county is in conformance, the Controller shall
allocate the apportionments withheld pursuant to this section to the
city or county.
   (3) If the Controller is not notified by the agency that the city
or county is in conformance pursuant to paragraph (2), the Controller
shall allocate the apportionments withheld pursuant to this section
to the agency.
   (c) The agency shall use funds apportioned under this section for
projects of regional significance which are included in the capital
improvement program required by paragraph (5) of subdivision (b) of
Section 65089, or in a deficiency plan which has been adopted by the
agency.  The agency shall not use these funds for administration or
planning purposes.
65089.6.  Failure to complete or implement a congestion management
program shall not give rise to a cause of action against a city or
county for failing to conform with its general plan, unless the city
or county incorporates the congestion management program into the
circulation element of its general plan.
65089.7.  A proposed development specified in a development
agreement entered into prior to July 10, 1989, shall not be subject
to any action taken to comply with this chapter, except actions
required to be taken with respect to the trip reduction and travel
demand element of a congestion management program pursuant to
paragraph (3) of subdivision (b) of Section 65089.
65089.9.  The study steering committee established pursuant to
Section 6 of Chapter 444 of the Statutes of 1992 may designate at
least two congestion management agencies to participate in a
demonstration study comparing multimodal performance standards to
highway level of service standards.  The department shall make
available, from existing resources, fifty thousand dollars ($50,000)
from the Transportation Planning and Development Account in the State
Transportation Fund to fund each of the demonstration projects.  The
designated agencies shall submit a report to the Legislature not
later than June 30, 1997, regarding the findings of each
demonstration project.
65089.10.  Any congestion management agency that is located in the
Bay Area Air Quality Management District and receives funds pursuant
to Section 44241 of the Health and Safety Code for the purpose of
implementing paragraph (3) of subdivision (b) of Section 65089 shall
ensure that those funds are expended as part of an overall program
for improving air quality and for the purposes of this chapter.


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